The ultimate goal of any economic damages case is to make the plaintiff “whole” again. Many factors go into this assessment. This article covers the basics of how experts quantify lost profits and diminished business value, including potential pitfalls that novice experts need to avoid ..read more

In Niazi Licensing, the U.S. Court of Appeals for the Federal Circuit excluded the testimony of a damages expert on the proper royalty rate for an infringed method patent. This article summarizes the case and explains where the expert went wrong. Niazi Licensing Corp. v. St. Jude Medical S.C., Inc., No. 21-1864 (Fed. Cir. April 11, 2022 ..read more

Cyber insurance providers — including Marsh and Resilience — reported upticks in ransomware claims in 2023, compared to 2022. Several well-known brands fell victim to these attacks, including Dole Foods, Dish Network and Yum brands (the parent company of KFC and Taco Bell ..read more

When it comes to uncovering the truth about fraud suspicions, the job is best left to experienced forensic accountants. They’re trained to follow the footprints criminals may leave behind and help build a defensible case. Here are some best practices that forensic accountants use to conduct interviews and gather evidence ..read more

A law firm without an operating or buy-sell agreement wound up in a protracted court battle when an owner withdrew after the other owners discovered he had mishandled cases and clients. The case is a powerful illustration of how costly disputes can be preempted with an effective buy-sell agreement ..read more

After a three-year lull, merger and acquisition (M&A) volume is expected to rebound to pre-pandemic levels in 2023, according to a recent survey by Citizens Bank. The survey also found that sellers are increasingly seeking guidance from financial professionals to maximize purchase prices. However, there’s a new reason for sellers to seek outside advice — to lower the risk of ransomware attacks ..read more

Occupational fraud — that is, fraud committed by employees — is a significant problem for all businesses. According to the Association of Certified Fraud Examiners (ACFE), organizations lose 5% of their revenue to fraud every year, and manufacturing is among the most frequently hit industries ..read more

A recent bankruptcy case provides a helpful primer on the insolvency tests required to determine whether a debtor’s pre-filing transfer can be rejected as fraudulent. In re International Supply Co. clarifies that a debtor may be solvent under one test but ultimately be found insolvent ..read more

Each year, businesses lose about 5% of revenue to fraud, according to Occupational Fraud 2022: A Report to the Nations. A key takeaway from the biennial report published by the Association of Certified Fraud Examiners (ACFE) is that active detection methods are far more effective than passive methods in reducing fraud loss and duration. Unfortunately, many companies fail to use these methods to their full potential ..read more

Financial experts usually start lost profits calculations with a company’s historical performance. However, sometimes the victim of a dispute or breach doesn’t have an established track record. Estimates for start-ups and early-stage companies that haven’t yet turned a profit require an alternative approach ..read more